048-22 (CUPUpperValleyEstateLLC) ORDINANCE
Action.:
PLANNING COMMISSION: December 15,2021, Recommended Denial
BOARD OF SUPERVISORS: February 9, 2022 DENIED
ORDINANCE
CONDITIONAL USE PERMIT #13-21
UPPER VALLEY ESTATE LLC.
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #13-21 was submitted by Pennoni
Associates Inc. for Upper Valley Estate LLC to allow for a tractor truck and tractor truck trailer parking
facility. The subject properties are located between Welltown Road and Crown Lane just south of the
Winchester&Western Railroad and north of Liberty Square and are identified with Property Identification
Numbers (PINs) 43-A-51, 43-2-B and 43-3-E in the Stonewall Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on December 15, 2021, and recommended denial; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Permit during their regular meeting on January 12, 2022; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health, safety, welfare, and in confonnance with the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that
Conditional Use Pennit#13-21 to allow for a Tractor truck and tractor truck trailer on the parcels identified
with Property Identification Numbers 43-A-51 and 43-2-B and 43-3-E are approved with the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted to and approved by Frederick County prior to the establishment of
this use. The site plan shall meet the requirements of the Frederick County Zoning Ordinance
Section 165-204.24 Tractor truck and tractor truck trailer parking.
3. Parcels 43-A-51, 43-2-B and 43-3-E shall be consolidated prior to site plan approval.
4. Access to Welltown Road(Route 661)shall be prohibited;furthermore,the existing entrance on
Welltown Road shall be closed. Access to this site shall only occur via Crown Lane.
5. Any expansion or modification of this use will require a new Conditional Use Pennit.
Res# 048-22
MOTION TO DENS'passed this 12' day of January 2022 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber No
J. Douglas McCarthy Aye Robert W. Wells No
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn No
A COTe' ATTEST
EE
Michael L. O"Mollhoefer
Frederick County Administrator
Res#048-22
co
CONDITIONAL USE PERMIT #13-21
Upper Valley Estate LLC-Trailer Storage
w ' Staff Report for the Board of Supervisors
n ,> Prepared: January 19, 2022
1],16
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 12/15//21 Recommended Denial
Board of Supervisors: 01/12/22 Public Hearing Held; Tabled
Board of Supervisors: 02/09/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit(CUP) to allow for a tractor truck and tractor truck
trailer parking facility on three parcels. The site is located between Crown Lane and Welltown
Road, approximately 300' north of the intersection of Martinsburg Pike and Welltown Road,
adjacent to and south of the Winchester & Western Railroad in the Stonewall Magisterial
District. The subject properties are currently zoned M1 (Light Industrial) District; The
Comprehensive Plan identifies these properties with a future commercial land use designation
which is inconsistent with the existing zoning of the site. Furthermore, the transportation
network in this area of the County is constrained; Staff would recommend that the Board of
Supervisors consider whether the introduction of additional tractor trailer traffic through these
congested intersections is desirable at this time as noted by VDOT and Staff. The Planning
Commission at their meeting on December 12, 2021 recommended denial of this request.
The Board of Supervisors held a public hearing for this item on January 12, 2022; following the
hearing, the application was tabled to address concerns expressed regarding material storage and
transportation. Since the meeting, the Applicant has agreed to only store empty trailers and
restrict trailer delivery and pickup to non-peak hour traffic periods.
Should the Board of Supervisors find this use to be appropriate, Staff would suggest the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted to and approved by Frederick County prior to the
establishment of this use. The site plan shall meet the requirements of the Frederick County
Zoning Ordinance Section 165-204.24 Tractor truck and tractor truck trailer parking.
3. Parcels 43-A-51, 43-2-B and 43-3-E shall be consolidated prior to site plan approval.
Page 2
CUP 913-21,Upper Valley Estate LLC
January 27, 2022
4. Only tractor trucks and empty trailers shall be stored on the site.
5. Pickup and drop-off of any tractor truck or trailers shall be prohibited between the hours of
6:00 AM-8:OOAM and 4:OOPM-6:OOPM.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Page 3
CUP 913-21,Upper Valley Estate LLC
January 27, 2022
LOCATION: The subject properties are located between Crown Lane and Welltown Road,
approximately 300' north of the intersection of Martinsburg Pike and Welltown Road, adjacent
to and south of the Winchester& Western Railroad.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 43-A-51, 43-2-B and 43-3-E
PROPERTY ZONING &PRESENT USE: Zoned: Ml (Light Industrial)
Land Use: Vacant
ADJOINING PROPERTY ZONING& PRESENT USE:
North: M1 (Light Industrial) Use: Vacant
South: B2 (General Business) Use: Ml (Light Industrial)Use: Vacant/Business
East: B2 (General Business) Use: Business
West: Ml (Light Industrial) Use: Industrial/Vacant
PROPOSED USE: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor
truck trailer parking facility on three parcels.
REVIEW EVALUATIONS:
Virginia Department of Transportation: Please see email from Timothy Rhodes, VDOT Land
Development Engineer dated April 6, 2021.
Frederick County Inspections: No comments for trailer parking.
Frederick County Public Works: A detailed site plan including storm-water management plan
and erosion and sediment control plan shall be submitted and approved prior to any land
disturbance permit being issued. Plans shall comply with County Code Chapter 143.
1. Major overhead power lines will need to be moved prior to developing project if they are
to be impacted.
2. There are existing downstream drainage issues so the stormwater management plan shall
address these issues.
Frederick County Fire Marshall: Approved
Frederick Water: The subject parcel is in the SWSA. Frederick Water will provide comments
at the site plan submission. That said, here are some things for you to consider when preparing
the site plan:
Page 4
CUP 913-21,Upper Valley Estate LLC
January 27, 2022
1. Show existing 3"pvc force main per a field locate
2. Show existing FCSA/FW easement(s) as well as other if applicable including DB/PG or
instrument number
3. SWM pond 2 appear to be over or close to the existing force main and the SWM pond
needs to be relocated off the easement
4. Test pits to confirm minimum 3' cover shall be performed per Frederick Water
inspector's requirements
5. Propose means for protecting existing 3" pvc force main from heavy truck traffic
Planning and Zoning:
The Comprehensive Plan
The Comprehensive Plan of Frederick County is a guide for making decisions regarding land use
actions. The Northeast Land Use Plan of the Comprehensive Plan identifies these properties with
a future commercial land use designation which is inconsistent with the existing zoning of the
site.
The Zoning Ordinance
The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking
facilities as a conditional use in the M1 (Light Industrial)Zoning District.
The Zoning Ordinance contains supplementary use regulations that apply to tractor truck and
tractor truck trailer parking facilities as follows:
• All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a
gravel or paved surface.
• All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud,
gravel or the like is not distributed onto roadways.
• No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be
parked or stored on the site.
• Fuel sales shall not be permitted.
• Maintenance of trucks and trailers shall not be permitted.
• Facilities shall be required to landscape the yard area within the front setback to provide
for a double row of evergreen trees that are staggered and planted a maximum of 12 feet
on center. The side and rear yards shall be planted with a single row of evergreen trees
Page 5
CUP 913-21,Upper Valley Estate LLC
January 27, 2022
that are planted a maximum of 40 feet on center. All trees shall be a minimum of four
feet in height at the time of planting. The Board of Supervisors may allow for alternative
landscaping based on topography and/or adjacent land uses.
• A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
Proposed Use
This proposed tractor truck and tractor truck trailer parking facility would be located on three
parcels that total 3.4 acres. The site would consist of eighty-five (85)truck parking spaces with a
gravel surface. The site includes a 50-foot zoning district buffer along the adjacent B2 zoned
properties to the south/west; a double row of evergreen trees would be required along Welltown
Road and Crown Lane and a single row along the rear of the site.
Transportation:
The concept plan submitted with this application identifies access to this site via a right-in
entrance on Welltown Road and an entrance on Crown Lane. VDOT has indicated that this
entrance would require further vetting and therefore is not currently approved by VDOT.
Staff would note that the transportation network in this area of the County is constrained.
Careful consideration should be given as to whether the introduction of additional tractor trailer
traffic through these congested intersections is appropriate.
PLANNING COMMISSION SUMNIARY AND ACTION FROM THE 12/15/21
MEETING:
Staff provided an overview of the request and the proposed conditions. Commissioner Thomas
commented regarding Condition 94, in the VDOT comments it says they recommend an
additional study; why wouldn't we hold off on that condition until after the VDOT study. (Staff
Note: this condition has been removed) Mr. Cheran noted the Commission can certainly make
this change to the condition. Mr. Bishop stated he feels comfortable in that VDOT will want a
right-in only. Chairman Kenney inquired with the by-right uses this could be something else and
if so, would it be introduced back to the intersection. Mr. Cheran commented that is correct.
Commissioner Brannon noted in the Comprehensive Plan this area is designated as a commercial
setting. Mr. John Bishop explained the transportation aspects of M1 (Light Industrial) Zoning
District.
Ron Mislowsky of Pennoni Associates, representing the Applicant came forward and shared a
brief overview of the property. Mr. Mislowsky pointed out the trips per day count and requested
that the Planning Commission not impose the right-in condition and allow VDOT to determine if
Page 6
CUP 913-21,Upper Valley Estate LLC
January 27, 2022
it would be allowed.
Commissioner Jewell shared his concerns with Welltown Road; he also stated that a right-in on
Welltown may be acceptable. Commissioner Molden commented on the potential for lanes
added to Welltown Road and if so, that he would be in favor of the right-in. Commissioner
Thomas stated that the right-in would work better and he would like Condition 94 changed to
state that the Applicant would need to comply with the recommendations of VDOT.
Commissioner Brumback noted all trucks will have to come out of Crown Lane and this will
create a bad situation. Chairman Kenney commented this is a tough area and he would not want
to make the traffic conditions in this area worse, however this is a parcel of land that they have
worked a long time to find a suitable use for.
There were no public comments during the public hearing and the Planning Commission
recommended denial of Conditional Use Permit 913-21 for Upper Valley Estate, LLC. (Note:
Commissioner Oates abstained on this item for a possible conflict of interest)
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/12/21
MEETING:
At the Board of Supervisors meeting on January 12, 2022, the application was tabled to address
concerns expressed regarding material storage and transportation.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors
CUP # 13 - 21 : Upper Valley Estate, LLC
PINs: 43 - 2 - B, 43 - 3 - E, 43 - A - 51
Tractor Truck Trailer Storage Lot
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APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. � ta? lie rit t tc_h c'. ,at t Property Owner �-- Other _
NAME: Pennon!Associates, Inc.
ADDRESS: 117 E. Piccadilly Street, Suite 206, Winchester,VA 22601
TELEPHONE: 540-667-2139
2. Please list all owners,occupants, or parties in interest of the property:
Upper Valley Estate LLC
1 The property is located at: (please give exact directions and include the route number of
your road or street)
The property is located between Welltown Road and Crown Lane_just south of the CSX Railroad
and north of Liberty Square.
4. The property has a road frontage of 745 feet and a depth of 950 feet and
consists of 3.42 —acres. (Please be exact)
5. The property is owned by Upper Valley Estate LLC as
evidenced by deed from —___ _._ _ _ — (previous owner) recorded in
deed book no. on page as recorded in the records of the Clerk of the
Circuit Court, County of Frederick. Instrument#180010268&200003981 (Plat)
6. Property fdentification Number(P.I.N.) 43_A-551_43-2-8, 43-3-E
Magisterial District Stonewall District
Current Zoning ___ M1-1.
5
7. Adjoining Property:
USE ZONING
North Stonewall Industrial Park M-1
East TRU Hotel B-2
South Liberty Square B-2
West Crown M-1
8. The type of use proposed is (consult with the Planning Dept. before completing):
Trailer Storage
9. It is proposed that the following buildings will be constructed:
N/A
10. The following are all of the individuals, firms, or corporations owning property
adjacent acent to both sides and rear and in front of (across street from) the property
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where the requested use will be conducted. (Continue on back if necessary.)
These people will be notified by mail of this application:
Name and Property Identification Number Address
Name Dealtrey Limited Partnership 1640 Country Road
Property#43 19 1 D Bethlehem, PA 10815
Name Poly Processing Co Inc. 161 McGhee Road
Property#43 19 17 Winchester, VA 22603-4637
NameQG Printing 11 LLC N61 W23044 Harrys Way
Property#43 19 36 Sussex, WI 53089
Name Crown Cork & Seal USA Inc. 770 Towhship Line Rd
Property#43 4 A Yardley, PA 19067
NameCrown Cork & Seal USA Inc.77 770 Towhship Line Rd
Property#43 A 40 Yardley, PA 19067
Name Winchester Martinsburg Pike LLC PO Box 8
Property#43 3 D1 Mount Jackson, VA 22842-0008
Name Mykonos Properties, LLC c/o Burgerbusters Inc. PO Box 393
Property#43 2 A Pico Rivera, CA 90660
6
Name and Property Identification Number Address
Name Welltown Pike LLC 2150 S Loudoun
Property#43 A 49 Winchester, VA 22601
Name VA Hospitality LLC c/o Days Inn 1593 Martinsburg Pike
Property#43 A 50 Winchester, VA 22603
Name 1601 Martinsburg Pike LLC 118 Mercedes Court
Property#43 A 52A Winchester, VA 22603
Name Diehl F Wilson & Deborah L Wilson 121 Mercedes Court
Property#43 A 52B Winchester, VA 22603
Name K&J Investments 1800 Martinsburg Pike
Property#43 A 56 Winchester, VA 22603
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11, Please use This page for your sketch of the property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
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MEMORANDUM
TO: Mark Cheran
FROM: Ronald A. Mislowsky, PE
CC: Adinder Gill, UVEST
DATE: January 14, 2022
SUBJECT: Trailer Storage Site, CUP, 153 Welltown Road
Based on the comments and questions received at the 12 January Board of Supervisors meeting,we have
revised the CUP application. I have enclosed two copies of the Concept Plan dated 13 January 2022. Two
additional "Site Requirements" have been added.
Note 7 provides that only empty trailers will be stored on site. Note 8 restricts trailer delivery and pick
up to non-peak hour traffic periods.
I believe these changes address the main points of Supervisor discussion.
If you have any questions on the new plan or the intent of the notes, please give me a call
�enno�ni
Ronald A. Mislows!%
From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov>
Sent: Tuesday, April 6, 2021 2:S1 PIVI
To: cperkins@fcva.us
Cc: John Bishop;Tyler Klein; Bradley Riggleman; Rhonda Funkhouser; Ronald A. Mislowsky
Subject: Trailer Storage Lot CUP, Welltown Road
J
DEPARTMENT OF TRANSPORTATION
Staunton/Edinburg Land Development
1403101c Valley Pike
Edinburg,VA 22824
Candice,
A VDOT review has been completed on the Conditional Use Permit Application proposal for a
Trailer Storage Lot to be located on Welltown Road. The following items are of concern to the
department:
There is a discrepancy between the memorandum and the concept plan that were included in
the CUP application. The memorandum states there will be 80 spaces provided and the concept
plan provides 85.
The CUP memorandum from Pennoni states the majority of the trailers would come from the
Stonewall Industrial Park area. This certainly makes sense to us and raises some concern for the
left turn movements, when leaving the site to get back to the Industrial Park. While the trip rate is
projected to be low, vehicle movements making multiple left turns, including the left onto Rte. 11
(which currently has an ADT of 41,000) is not favorable. The area is already fairly congested,
adding left turns associated with this CUP creates the potential for added delays.
The CUP proposes a right-in entrance from Rte. 661, Welltown Road. An entrance at this
location-will require further vetting. A traffic study should be conducted to determine if the entrance
is within the functional area of the Rte. 11/ Rte. 661 signalized intersection. If so, an Access
Management Exception would be required and could result in an alternate entrance configuration or
additional mitigation. It is likely that an Access Management Exception at this location would be
supported given the partial access (ingress only) nature of the entrance.
The concept plan shows a 2' painted median separating the right turn movements from the
through lane. This approach would not be acceptable to the department. At a minimum, a 4' wide
raised median located in the center of Rte. 661 would be required. This would require additional
pavement width to accommodate the 13' lane width adjacent to the median, on both
sides. Additional right-of-way and reconfiguration of Rte. 661 for proper through lane alignment
would also be needed.
The concept shows a 150' wide right turn with a 100' taper, utilizing a shoulder and ditch
section. If the development moves forward, the expectation would be for this roadway segment to
I
be curb and gutter with tl ight turn lane and taper being full � th. This would also require the
development to accommodate drainage through an enclosed storm system.
The list of bulleted items above are for your consideration on this Conditional Use Permit
Application. Should this development advance to site plan stage, VDOT will provided a detailed,
thorough review of the site plan design. Please feel free to contact me with any questions or
concerns you may have.
Thank you,
Timothy Rhodes
VDOT—Land Development Engineer
Clarke, Frederick, Shenandoah& Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
2
Ronald A. Mislows
From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov>
Sent. Wednesday,April 7, 2021 3:50 PM
To: Ronald A. Mislowsky
Cc: John Bishop;Tyler Klein; Bradley Riggleman; Rhonda Funkhouser, cperkins@fcva.us
Subject: RE:Trailer Storage Lot CUP,Welltown Road
Ron,
Please see responses below to your questions.
• Questidn#l: Will VDOT approve a restricted access on Welltown Pike as had been
discussed?
The CUP proposes a right-in entrance from Rte. 661, Welltown Road. An entrance at this location
will require further vetting. A traffic study should be conducted to determine if the entrance is within
the functional area of the Rte. 11/ Rte. 661 signalized intersection. If so, an Access Management
Exception would be required and could result in an alternate entrance configuration or additional
mitigation. It is likely that an Access Management Exception at this location would be supported
given the partial access (ingress only) nature of the entrance. This response is taken from our
original email to County
• Question #2: Is it VDOT position that a traffic Study is required at Crown Land and Rte
11 in order to approved the Welltown entrance?
VDOT did not advise a traffic study was required at Crown Lane and Rte. 11. We simply stated the
left turn movements associated with the CUP coming from Crown Lane back to Welltown Rd. on a
41,000 vehicle per day roadway were not favorable.
• Question #3: Does VDOT have any jurisdiction over an access on Crown Lane?
I am not sure what you are asking. We have jurisdiction over the state maintained portion for direct
access. On the private segment, we do not have direct jurisdiction , however, when we reviewed the
CUP, we looked at the whole picture. We have an obligation to comment on the areas of concern
for the County to take into consideration when making land use decisions.
Thanks,
Timothy Rhodes
VDOT—Land Development Engineer
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
From: Ronald A. Mislowsky<RMislowsky@Pennoni.com>
Sent:Wednesday, April 7,20211:12 PM
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Mail to Mand deliver to:
Frederick County Inspections Department Frederick County Inspecti a &GOV E
107 North Kent Street,2"d Floor Attn: Building Official
Winchester,Virginia 22601 107 North Kent Street, 2nd Floe 0 5 2021
(540) 665-5650 Winchester, Virginia Frederick County
Public Works & Inspections
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location map and
all other pertinent information.
Applicant's Name: Pennoni Associates, Inc. _-- Telephone: X40-771-2085 _
Mailing Address: 117 E. Piccadilly Street, Suite 200
Winchester VA 22601
Name of development and/or description of the request:
Trailer Stora e-CUP___...
Location of Property:
The rooerty is lracated between Welltc!W Road and Crown Lane just south crf the CSX Railroad and
north of Liberty Square
Building Official's Comments:
x i
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Building Official's Signature & Date: ` _
Notice to Inspections Department- Please Return This Form to the Applicant
12
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
t
Frederick County Public Works
Mail to: Hand deliver to:
Frederick County Public Works Frederick County Public Works
107 North Kent Street, 2""floor Attn:
Winchester, Virginia 22601 107 North Kent Street, 2"d Floor
(540) 665-5650 Winchester,Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location map and
all other pertinent information.
Applicant's Name: Pennoni Associates, Ines .gi Telephone: 540-771-2085
Mailing Address: 117 E.Piccadilly Street, Suite 200 __.,..
Winchester,VA 226010
Name of development and/or description of the request:
Trailer Storage- CUP
Location of Property:
The pronegy is locatedµbetween Welltown Road and Crown Lane,just south of the CSX Railroad and
north of Liberty Square .,.._
t &bie
d'ts Comments:
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eia.l's Signature& Date: • 7• Z f
Notice to Inspections Department- Please Return This Form to the Applicant
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REQUEST FOR CkYNDITIONAL USE PERMIT COMM NTS
Frederick County Fire Marshal
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire& Rescue Dept.
1800 Coverstone Drive Attn: Fire Marshal
Winchester, Virginia 22602 Public Safety Building
(540) 665-6350 1800 Coverstone Drive
Winchester, Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location map and
all other pertinent information.
Applicant's Name: Pennoni Associates,Inc. Telephone: 540-771-2085
Mailing Address: 117 E. Piccadilly Street, Suite 200
Winchester VA 22601
Name of development and/or description of the request:
Trailer Storage-CUP
Location of Property:
The property is located between Welltown Road and Crown Lane,just south of the CSX Railroad and
north h-o-TUberty- quare
Fire Marshal's Comments:
wor-- 07
Fire Marshal's Signature & Date:
Notice to Fire Marshal -Please Return This Form to the Applicant
11
RECD eco;
Frederick County Fire an fescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester,VA 22602
Phone:540-665-6350 Fax: 540-678-4739
fmo@fcva.us
Plan Review
Conditional Use
Status: Approved
Trailer Storage
Trailer Storage
Welltown Rd./Crown Ln.
Winchester, Virginia 22602
Engineering Firm : Printed Date: 04/0712021
Pennon!Associates, Inc.
'General Information
Received Date: 04/06/2021 Occupancy Type:
Review Begin Date: 04107/2021 Property Use:
Review End Date: 04/07/2021 Activity Number: 1041007
Hours: 1.0000 Review Cause: New Construction
Project Name Trailer Storage Lot
iwillhi
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
Ronald A. Mislowsky
From: Earl Wiley <evv >
Sant: Tuesday,April Z0 2021 12101 PM
To: Ronald A. K4is|owykv
Cc: Michael Newlin
Subject: CUP for 1S3VVe|buwnRoad
Ron,
The subject parcel isinthe SVVSA. Frederick Water will provide comments atsite plan submission.
That said, here are some things for you to consider when preparing the site plan:
1. Show existing S"pvcforce main per afield locate
2. Show existing FCSA/FW easement(s)as well as others if applicable including DB/PG or instrument number
3. SWM pond 2appear tobeover orclose tothe exist/ng force main and the SWM pond needs imberelocated off
the easement
4. Test pits to confirm minimum 3'cover shall be performed per Frederick Water inspector's requirements
5. Propose means for protecting existing 3^ pvcforce main from heavy truck traffic
Thanks, Earl
Earl Wileyey
Engineering Assistant
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540-868-1061 x115
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,= � EDERICK
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County ofFrederick,
Virginia
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)Frederick .I'lalnnhig NV"OI.-Me: r�t��`atAS
I ep:trtatent ttt Pl.tnnin & D'ev loptttent, Cullum of redei-Ick, Virginia �. ... �
Iftt North Kent Street, XN ins cstc#r% Virginia 22601 i
Phone (.+4(f)t+f+5_�t�l F':iCsitttllc� (�►f�tll) fit�5 �bt+�5
Know A11 Hien By These €'resf=nts`€'hat: j
Upper lal!ey Ei a`e L.L.tA_.s�
( „`rN "o ti v "; �.�i���, .n..�c._. ,a ct.� -o ,c.,,,nI� IN-miQwiimai h r�.z�°+),
044 Macahsttn SEL t+n, VA 201
�+,iS;3Y,`' 4c�.t,_�•.: `�,.�.... + 4 a.`' Srl Ifi.T[7L F
i
as owner of.at applicant ith respect to,the tract(s)or parcel(s)of land in Frederick County,
1`irginio,identified by following property identification numbers: t
43-A-51, 43-�-8,43-3.15
do hereby make,constitute,and appoint:
Pennon'Associates, lnc,
117 E. Piccadilly Street, Winchester, VA 22601 540-667-2139 _ I
Mailin!Add _ss o %t,,:rn"e_ lir-Face; Tetephon�larnhe:r
to act as tuy°true and lawful attorney-in-fact for and in my name,place,and stead,with the same
full power and authority I would have if acting personally,to file and act on my behalf with respect
to appli tion with Frederick County,Virginia for the following,for the above identified property;
Rezoning F� Subdivision !
✓ C`ottdittonal Use Permit � Site Plan 1
Master Development Plan(prelim.or final) Variance or Toning Appeal
and,further, my attorney-in-fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
t
This appointment shall expire one year from the day that it is signed,or at such sooner time as I
otheresise rescind or mildify sit,
Signature a
4
Title tif's.gniug t ;-?e a o art enttt )
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State of" 1 (.taws ,E,.'it�-(A ' o '
I. - C 1t --LDL-- .`_ r ut ry publifoiestid certify that I
the pel-suA,bo signcd the tor,:;:++till, instnrlien., l,rr,onally,app,,mk:d bJoic me and lt,ts<Ieknwvledged the
SaIlle b0ble n7 I the JttttsC lctl{1It tt'tlte a�ylltl
C,'� fid ti Ct I
, -=-'__'__ y yv E�',�rtttttis,ioit l�xpires: a t,. 1 _,
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Notaiv 1' Iic Z � : rvor�YeUaztc'-- r-isit-roil Iiumbet.
3835
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COEKMREMMMSION
�y 4MO12021
10/19121,4.25 PM Untitled Page
Pav/Lookup Taxes
Onfi e Tax Receipt
Payy"snerit TYPO Electronic Check
Arri^,,i.n Paid $1,550.62
Y.:aOay't`*enie nca Fee $0.00
1'amsaCf,tioi +otai 51,550.62
Pa?'E'ens Late 10(1912021
'�'ar;Sa".-la t ?` 78715
°rfOUYt7r3,' Y7i1 this page us/t'y,1YOG'+"r.vUr�/SE3i''S 'i11� ajt 'iPca%"t IC;/C}U fuf"t:)vtlJlt"ti:s C1YJi`?t"!v�.
RE2021 415890002 UPPER VALLEY ESTATE LLC 412312021 $908.90 $90890 $0.00;
RE2021 415900002 UPPER VALLEY ESTATE.,LLC 412312021 $305.61 $305.61 $0.00!
RE2021 415910002 UPPER VALLEY ESTATE LLC 4123/2021 $33611 $336.11 $0.00'
Back o Pay Taxes
https:/Ifctaxes.co.frederick.va.uslApplicationsfTR_PayTaxesIReceipt.aspx 1/1
10/19/21,4:12 PM Frederick County Taxes Paid
COUNTY OF FREDERICK
PO.BOX 225
WINCHESTER,VA 22 604-022 5
C.WILLIAM ORNE OFF,JR
Real Estate Taxes Paid for Tax Year 2020
Map Number:43 2 B Account#:8008689
;UPPER
;RE20201 410971 1'
VALLEY 411112020_L11 ACRE
5,325.131
1STATE LLC
Total Paid: $325,13
Thisanioijnt represenks payi-nen's applied during calendar yev,-202(1 and does not include PeLialty,Ir.-E-11'est or Credill Car-J,Fees.
Close this Window
L—Pnnt ThisPage1
https://fetaxes.co.frederick.va.us/Applications/TR—PayTaxes/PrintYearlyTaxes.aspx 1 t1
10/19/21,4:13 PIVI Frederick County Taxes Paid
COUNTY OF FREDERICK
P.O.BOX 225
WINCHLSTER,VA 22604-0225
C.WILLIAM ORNI)OFF,JR
Real Estate Taxes Paid for Tax Year 2020
Map Number:43 3 E Account#:8036893
;UPPER
:RF2020i 4109$ liVALLEY i 4/13/2020 .92 ACRE
1 $325.131
'ESTATE LLC
Total Paid: $325,13
TM,s amount rcpresejIts payincilts applied clitriilg Calendar yea:'20203,11didoes 11oli includc Penalty,IIIterest or Cre&l Card
Close this Window Print This Page
https://fctaxes,co.frederick.va.us/Applications/TR—PayTaxes/PrintYearlyTaxes.aspx 111
10/19121,4:14 PM Frederick County Taxes Paid
COUNTY OF FREDERICK
P.O.BOX 225
WINCHESTER,VA 22604-0225
C.WILLIAM ORNDOFF,JR
Real Estate Taxes Paid for Tax Year 2020
Map Number:43 A 51 Acco-ant#: 8008557
UPPER
RE2020 410961 11VALLEY
4113/2020 3.42 ACRES
$936.05!
!ESTATE LLC
UPPER
RE2020 41096 2NALLEY 4/13/2020
13.42 ACRES $936.041
�ESTATE LLC
Total Paid: $1,872.09
his an-Iourit rcorfsends
)p
2,02"k)a-,I,!does not inCle'detel tntereSt 0'-Crei.ht Cald VeeS.
rC1 .e this d Print This Page
https://fctaxes.co-frederick.va.us/Applications/-TR—PayTaxesIPrintYear[yTaxes,aspx 111
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Marsh&Legge Land Surveyor;P.L.C.
200003981
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Deed Prepared by: McCarthy&Akers,PLC
Douglas McCarthy,Esq.,Bar No. 65713 co
Return to: McCarthy&Akers,PLC
302 W. Boscawen St.
Winchester,VA 22601
Tax I.D No: 43-A-40
Grantee's Address: 844 Macalister Drive SE
Leesburg, VA 20175
Consideration:$14,000.00
Title Insurer: Unknown to Preparer
THIS DEED of EASEMENT and RIGHT-OF-WAY (this "Agreement"), made and
dated this z's day of M eLr 5A% _, 2020, by and between CROWN CORK &
SEAL USA, INC., a Delaware corporation, with an address at 170 Township Line Road,
Yardley, PA 19067, herein called "Grantor"; and UPPER VALLEY ESTATE, LLC, a
Virginia limited liability company, with an address at 844 Macalister Drive SE, Leesburg, VA
20175,hereinafter called"Grantee".
Recitals:
WHEREAS, Grantor is the record owner of all that certain lot or parcel of land, together
with all hereditaments and appurtenances thereunto belonging or in anywise appertaining, lying
and being situate in the Stonewall District of Frederick County, Virginia, being known and
designated as Parcel "B", as shown on the plat dated August 2, 2019, prepared by Michael A.
Artz, as more particularly described on Exhibit "A" which is attached hereto and incorporated
herein as if set out in full(the"Grantor's Parcel");and
WHEREAS, Grantee is the record owner of all that certain lot or parcel of land, together
with all hereditaments and appurtenances thereunto belonging or in anywise appertaining, lying
1211825674
and, being situate in the Stonewall District of Frederick County, Virginia, being known and
designated as "Parcel "Y', as shown on the plat dated August 2, 2019, prepared by Michael A.-
Artz, as more particularly described on Exhibit 'All which is attached hereto and incorporated
herein as if set out in full (the"Grantee's Parcer'); and
)WHEREAS, Grantee desires to obtain from Grantor. (i) an easement and right-of-way for
ingress to and egress from the Grantee's Parcel to that certain public right-of-way described as
"Crown Lane"on the easement plan attached hereto as Exhibit "All (the-"Easement Plat") and
(ii) an easement for an extension of existing electric, telephone, gas or communication utilities
from the Grantee's Parcel across the Grantor's Parcel, as shown on the Easement Plat, on the
terms and conditions set forth in this Agreement; and
NOW, THEREFORE, in consideration of the premises herein-contained, the sum of
Fourteen Thousand Dollars($14,000.00)to be paid by Grantee to Grantor with the execution and
delivery of this Agreement, and other good and valuable consideration, the parties hereto agree
as follows:
1. The recitals set forth above are hereby incorporated in this Agreement by
reference.
2. Grantor hereby creates, grants and conveys unto Grantee, its successors and
assigns,a 22,440 square foot permanent and non-exclusive easement and right of way, over, and
across the area of the Grantor's Parcel which is described on the Easement Plat as the "New
22,440 sf Ingress/Egress, Utility & Drainage Easement" (the "Easement Area"), for vehicular
and pedestrian ingress, egress and regress to and from the Grantee's Parcel and Crown Lane in
order to access U.S. Route 11, also known as Martinsburg Pike. For the avoidance of doubt, the
area of the Easement Area shall extend from Crown Lane to the boundary of Grantor's Parcel
1211825674 2
144111
9 CYC.
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where the Winchester & Western Railroad Co.'s real estate begins. Apart from this Easement NW
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Area,no other part of the Grantor's Parcel is included herein. C)
3. Grantor hereby creates, grants and conveys unto Grantee, its successors and
assigns, a permanent and non-exclusive easement within the Easement Area (i) for drainage of
storm water from the Grantee's Parcel across the Easement Area; and (ii) to extend existing
electric,telephone,gas or communication utilities to the Grantee's Parcel, and to maintain,.repair
and replace such utilities. Grantor shall have the right to require Grantee to relocate any such
utilities, at Grantee's cost, if any such utilities interfere with any utility facilities that now or in
the future service the Grantor's Parcel. Nothing in this paragraph may be interpreted as giving
Grantee any right to install or relocate a utility facility at grade level or in the air above the
Grantor's Parcel without the consent of Grantor, which consent may be withheld for any.reason
in Grantor's sole discretion.
4. This conveyance is made subject to all other easements, rights-of-way, and
restrictions of record affecting the Grantor's Parcel.
5. In exercising any of its rights under this Agreement, Grantee, its employees,
contractors, invitees and licensees shall not unreasonably interfere with the operation of the
business on the Grantor's Parcel and 'shall not unreasonably interfere with the use of the
Easement Area by Grantor and its contractors, employees, invitdes and licensees accessing the
Grantor's Parcel. In connection with the performance,of any work within any Easement Area
permitted under this Agreement, Grantee shall perform such work at its sole cost and expense, in
accordance with all applicable legal requirements, and shall obtain all governmental permits and
approvals which are required in connection therewith. Promptly after completing any such work,
Grantee shall, at its sole cost and expense, restore any areas of the Easement Area and/or the
1211825674 3
y.,
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Grantor's Parcel that were damaged or disturbed by such work to substantially the same
condition existing immediately prior to performing such work, ordinary wear and tear excepted.
Grantee further covenants and-agrees at all times during the term of this Agreement not to disturb
any utility facilities of Grantor located with'the Easement Area and/or the Grantor's Parcel.
6. Grantee shall carry and maintain (i) Commercial General Liability insurance with
limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, covering bodily
injury and property damage arising out ofthe use of the Easement Area, as well as blanket
contractual liability and personal injury, and (iii) Excess or Umbrella Liability insurance with a
limit of at least $5,000,000 providing additional limits of insurance over the primary per
occurrence and aggregate limits of the Commercial General Liability required above. All
Commercial General Liability and Excess Liability/Umbrella Liability policies maintained by
Grantee shall name Grantor as an additional insured and shall be primary and non-contributory
insurance as to any insurance carried by Grantee. All policies purchased and maintained by
Grantee to satisfy the requirements in this Agreement must be purchased from an insurance
company with a minimum rating of "A- X" or its equivalent from one of the major rating
agencies (A.M. Best, Moody's, Standard & Poors, Fitch) that is admitted or eligible to do
business, in the Commonwealth of Virginia. Upon written request by Grantor, Grantee shall
provide Grantor with a certificate of insurance for each policy evidencing that it provides the
coverage and limits required above, and shall provide that the insurance shall not be canceled or
materially changed unless thirty '(30) days prior written notice shall have been given to the
additional insureds.
7. Grantee hereby agrees to defend, indemnify, and hold. harmless Grantor, its
successors, assigns, officers, agents, and employees, to the extent permissible by law, from and
1211825674 4
CD
W
against any and all claims, demands, suits, actions, expenses or liability of any kind or nature r-)
N)
whatsoever brought for or on account of injury to persons (including death) and damage to and
loss of property(collectively, "Claims")that are caused by or arise out of the use and occupancy
of the Easement Area by Grantee, its officers, contractors, agents, employees, licensees and
invitees, except to the extent such Claims result from the gross negligence or willful misconduct
of Grantor or its employees,agents or contractors.
8. The easements herein granted shall each attach to, burden, and run with the
Grantor's Parcel and shall benefit, be appurtenant to and run with the Grantee's Parcel as
described herein, be binding'upon the parties hereto and their respective successors and assigns
and inure to the benefit and use of the parties hereto and their respective successors and assigns.
9. Grantor represents that it has the right, title and authority to grant the,easements
described herein unto Grantee. This Agreement was made without the benefit of a title
examination,and Grantor makes no representations or warranties as to any title matters affecting
the Grantor's Parcel.
10. This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Virginia without regard to its conflict of laws principles.
11. This Agreement shall not be altered, amended, changed or modified except in
writing executed by the parties hereto.
12. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original,but which together shall constitute one original Agreement.
13. Notices shall be given in writing to each party and shall be mailed by certified
mail, return receipt requested, sent by commercial overnight delivery service, or delivered by
hand delivery addressed to the party at the respective addresses set forth above or in the tax rolls
1211825674 5
of Frederick County, Virginia, or to such other addresses as either party may designate by notice
W
given in accordance herewith. N)
1.4. The failure of any party hereto enforce any provision of the covenants,
restrictions, reservations or conditions herein contained upon the violation thereof shall in no,
event be deemed to be a waiver of the right to do so as to any subsequent violation.
15. If any provisions of this Agreement shall be declared unenforceable in any
respect, such unenforceability shall not affect any other provision of this Agreement, and each
such provision shall be deemed to be modified if possible, in such a manner as to render it
enforceable and to preserve to the extent possible the intent of the parties as set forth herein.
16. Nothing contained in this Agreement shall be deemed to be.a gift or dedication.of
any portion of the Grantor's Parcel to the general public for any public purpose whatsoever.
The easements and other,rights granted herein are not exclusive; and Grantor hereby reserves
unto itself and to its successors and assigns the right to utilize the Easement Area for such
purposes as do not unreasonably endanger or interfere with the easements and other rights
granted herein.
[THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
1211825674* 6
WITNESS the following signatures and seals: CD
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GRANTOR:
CRO CORK& SEAL USA,INC.:
By:
Name:
STATE OF?e �t5 ,
Title: �oCo��
CITY/COUNTY O -
� s ,to-wit:
The foregoing instrume t was acknowledged before me this 71 day of ICP- �ry tt -.
�01rur
of CROWN CORK & AL
C'.
USA,IN , a Delaware corporation, on beh f of the co tion
NOT Y PUBLIC ;"
My Commission expires:
My Commission No.
i R� Y 1 1.R ��..1 4 f c ,r p r J f':
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GRANTEE: CA)
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UPPER V LLEY ESTAT�.E,
S C:
By:
Name: -92
Title:
& -_-1 "•7p (Ow"'o7
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF—J.",T) to-wit:
I, a Notary Public in and for the state and jurisdiction
04-v" . 11
aforesaid, hereby cern that whose name is signed
the foregoing deed, has this ,,_6A. , day o evia 20A personally appeared before me
and acknowledged the same in my state and jurisdiction. '20
NOf ",%%111111JI10
SIN,
MY Commission expires: do.) I
My Commission No.
a $2 4- Nar PUWC
C MISSION
% EXPIRES
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TM #43-3-E ca
U )er Valley Estate, LLC ry
Insf'#180010268 w Parcel 3
New 22,440 sf Ingress/Egress,
Utility & Drainage Easement
hereby created for the benefit of
Upper Valley Estate, LLC
A=195.49'
R=182.95'
D=61*13'20"
C=186.32'
CB=N 57'24'22" W Yp
TM#43-3-01
Winchester
Martinsburq Pike LLC
SInst. #05_0029�45
TM #43-A-40
CROWN Cork A Seal USA, Inc.
Inst. #040001884
08 261 Pg 485 — Parcel
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Notes;
1. Boundary shown hereon was token from deeds
of record. A field survey has not been
performed.
2. This plot is subject to easements and
restrictions of record.
3. No title report furnished.
MICHAE m'-KRTz'v'
New Easement Plat Lic. No. 1513-8
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221440 5q. Ft. ��
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VIRGINIA; FREDERICK IZOLINT'OCT,
This instrument of writing way pfoducedd to me on
2020 at 3.50 RM
and with certificate acknowledgement the eto annexed
was admitted to record. Tax imposed by Sec.58.1-802 of
$ N J A ,and 58,1-801 have been paid,if assessable.
Clerk